Perspectives on Chevron Deference: To what extent are courts applying this doctrine, has it been abused and does it provide value as a tool for judicial review of FCC decisions?Henry T. Kelly
OverrulingChevron"is animportant course correctionthat will help create a more predictable and stable regulatory environment," said U.S. Chamber of Commerce President and CEO Suzanne P. Clark. "The Supreme Court’s previous deference rule allowed each new presidential administration to advance ...
Chevron “undermine[d] core rule-of-law values ranging from the promise of fair notice to the promise of a fair hearing.” Accordingly, the Court held that “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an...
Third, the doctrine of“Chevrondeference” is unlikely to save the FTC’s rule-making. The 40-year-old doctrine, which requires that federal courts defer to an agency’s reasonable interpretations of gaps and ambiguities in statutes they implement, has been under significant challenge in recent y...
What is the outlook for a challenge to the rule? The challenges are largely focused on the lack of statutory authority for the FTC to enact these kind of substantive rules, and particularly for a sweeping rule that affects millions of agreements nationwide. See discussion above. While there are...
Observation: While the decision can help those who seek to challenge the SEC’s rules, it is too soon to tell whether the SEC will change its approach to rulemaking or interpretation of the federal securities laws as a result of the decision. As industry participants know, the current admin...
2. KNOWING TIM WALZ:“Tim Walz’s upbringing in rural Nebraska seemed idyllic. Then came tragedy,”by WaPo’s Michael Kranish in Valentine: “Walz has often spoken of his small-town upbringing … But those speeches have rarely captured the depth of the challenge Walz faced, according to cla...
Whether Chevron deference was required – a subject that Thomas has become increasingly vocal about – was not even at issue “because the statute, read in context, unambiguously forecloses the Board’s interpretation.”On the other side of the aisle, Kagan wrote the June 22 decision in ...
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Coglianese said this decision, combined with other recent rulings like the June 2024 Loper Bright Enterprises v. Raimondo case, which ended the "Chevron deference" to regulators' expertise, is causing widespread uncertainty. He said, "All this stuff is kind of chaos because it is shifting a re...